(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOL BEVERAGE. Any distilled spirits, wine and malt beverages as defined in this chapter.
DISTILLED SPIRITS. Ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use, containing not less than 0.5% of alcohol by weight.
MALT BEVERAGE. A beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley and hops, or their parts, or their products, and with or without other malted cereals, and with or without the addition of un-malted or prepared cereals, other carbohydrates or products prepared therefrom, and with or without the addition of carbon dioxide, and without or without other wholesome products suitable for human consumption, containing not less than 0.5% of alcohol by weight.
OFF-SALE. The sale of any alcoholic beverage, for consumption off the premises where sold.
ON-SALE. The sale of any alcoholic beverage for consumption only upon the premises where sold.
ON-SALE DEALER. Any person who sells, or keeps for sale, any alcoholic beverage for consumption on the premises where sold.
PACKAGE. The bottle or immediate container of any alcoholic beverage.
PACKAGE DEALER. Any person, other than a distiller, manufacturer or wholesaler, who sells or keeps for sale, any alcoholic beverage for consumption off the premises where sold.
RETAIL LICENSE. Any on- or off-sale license issued under the provisions of this chapter.
RETAILER or RETAIL DEALER. Any person who sells alcoholic beverages for other than resale.
SALE. The transfer, for a consideration, of title to any alcoholic beverage.
WHOLESALER. Any person who sells alcoholic beverages to retailers for resale.
WINE. Any liquid either commonly used or reasonably adapted to use, for beverage purposes, and obtained by the fermentation of the natural sugar content of fruits or other agricultural products containing sugar and containing not less than 0.5% of alcohol by weight but not more than 24% of alcohol by weight.
(B) General provisions.
(1) No person shall produce, transport, store or sell any alcoholic beverage except as authorized under the provisions of this chapter and SDCL Title 35.
(2) No person may transact any business authorized by this chapter without a license as provided by this chapter and SDCL Title 35.
(3) A bottle club, being an establishment not licensed for the sale of alcoholic beverages, which allows persons to bring their own alcoholic beverages on the premises for the purpose of consumption and where the proprietor sells or provides soft drinks, mix or ice on the premises, or charges for bringing such alcoholic beverages, soft drinks or ice on the premises, is prohibited.
(4) No person shall consume distilled spirits in any public place, other than upon the premises of an on-sale dealer that is licensed to sell distilled spirits or upon the location set forth in a permit granted by § 111.05. For the purpose of this section,
PUBLIC PLACE means any place, whether in or out of a building, commonly and customarily open to or used by the general public and any street or highway.
(5) Prior authorization for persons to consume or blend alcoholic beverages, but not to engage in the sale thereof, in or upon property described by the municipality, which property is publicly owned, or owned by a nonprofit corporation, may be authorized by the governing body for a period not to exceed 24 hours, and hours of authorized consumption shall not exceed those permitted for on-sale licensees.
(6) It shall be unlawful for any person occupying a motor vehicle located upon a public highway or the right-of-way of a public highway to consume any alcoholic beverage or have a package or any receptacle containing any alcoholic beverage in his or her possession in a motor vehicle unless the seal of the original package remains unbroken or the alcoholic beverage is so removed that no occupant of the motor vehicle shall have access to it while the vehicle is in motion.
(C) “Operating agreement” defined. For the purposes of this chapter, an entity that has entered into an operating agreement with a municipality pursuant to § 111.10 shall be deemed a licensee. The number of operating agreements that a municipality may enter into may not exceed the maximum number of retail licenses that may be issued pursuant to SDCL Title 35.
(Prior Code, § 3A-01) (Ord. 1142, passed 9-9-2014)